Criminal Law and the Politics of Exclusion: The Case of Ahmadis in Pakistan

Abstract

This article charts the ideological and discursive trajectory of the minoritisation and criminalisation of Ahmadis in Pakistan, who self-identify as Muslims but are classified as a religious minority under the constitution. The law also prohibits Ahmadis from proselytising or using Islamic epithets. Following the Freudian notion of ‘narcissism of minor differences’, the article shows that Ahmadis, being profoundly similar yet different in one doctrinal aspect from mainstream Muslims, have come to represent a threat to the internal unity of the wider community. This difference has been mobilised by political forces and endorsed by the judiciary, including within the framework of liberal legality. Whilst recognising the limits of liberal law, the paper critiques the view that liberal law itself has led to the exclusion of Ahmadis. Rather, it shows that courts have stretched liberal canons and modes of reasoning to suit personal ideological motivations and populist agendas whilst validating discriminatory laws.